HomeMy Public PortalAbout04-09-1981 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, APRIL 9, 1981
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met
2 in regular session April 9, 1981 at the hour of 9:00 a.m. in the Municipal
3 Building in said City. Mr. Meredith presided with Mr. Anderson and Mr.
4 Webb present. The following business was had, to-wit :
5
6 APPROVAL OF MINUTES OF APRIL 2, 1981
7
8 Mr. Webb moved to approve the minutes of the previous meeting as prepared,
9 seconded by Mr. Anderson and on unanimous voice vote the motion was carried.
10
11 DRIVEWAY PETITION FOR 905 N. W. 5TH STREET FROM DAVID PATTI - City Engineer
12 George Webb
13
14 Mr. Webb presented a petition for a driveway for 905 N. W. 5th signed by Mr.
15 David Patti. The petition has been reviewed by Planning, Engineering and
16 Traffic Departments and all recommend approval. A warehouse is being con-
17 structed on the back of the property (approximately fifty feet (50') from
18 the street) for the storage of antique vehicles. Discussion followed as to
19 the driveway being close to the railroad overpass.
20
21 Mr. Webb moved for approval of the subject driveway petition, seconded by
22 Mr. Anderson. The motion carried with Mr. Anderson voting no.
23
24 REMOVAL OF STREET FIRE BOXES - Chief Paul Mullin
25
26 This request was held over from the previous meeting to give the public a
27 chance for input. Chief Mullin stated he has received no comments. The
28 request was reported to Common Council at their April 6 meeting. Removal
29 would be done by Radio Technician Gary Hardwick and would begin immediately.
30 The poles will be cut off at ground level and filled with cement.
31
32 Mr. Anderson moved to accept the recommendation of the Fire Chief for the
33 removal of thirty-eight (38) street alarm boxes, seconded by Mr. Webb and
34 on unanimous voice vote the motion was carried.
35
36 NUISANCE HEARING FOR 1109 PARRY STREET
37
38 Mr. Meredith noted the nuisance hearing is scheduled for 10:00 a.m. and,
39 it being that time, the hearing for 1109 Parry Street is being held. The
40 property is owned by David Dilley and the nuisance is owned by Charles
41 Stikeleather. As is the procedure, the meeting was turned over to City
42 Attorney Ed Anderson to conduct the hearing.
43
44 Mr. Anderson noted the hearing is conducted under.Ordinance No. 16-1978
45 which makes the storage of inoperable machinery, motor vehicles, junk vehicles
46 and parts of machinery on any premises within the corporate limits of the
47 City of Richmond a nuisance. A complaint was filed by the Zoning Inspector,
48 Dennis Bronston, which complaint the Board now has before it. The owner of
49 the property, David Dilley, was notified and the return receipt was entered
50 into the record. Mr. Stikeleather, the tenant of the property, was also
51 cited in the complaint and was notified but the certified mail was returned
52 unclaimed.
53
54 Mr. Bronston stated this has been an ongoing complaint with debris of the
55 same nature. He presented pictures taken this morning as evidence that a
56 nuisance does in fact still exist on the property. Mr. Bronston stated, as
57 far as he knows, the truck in the picture is operable. He said similar
58 complaints have been filed with the Board before. In the past, after Mr.
59 Stikeleather received notice from the Board, he cleans up the site but within
60 a short period of time it is back in the same condition. Mr. Anderson noted
61 a similar complaint was filed on June 4, 1980.
62
63 Mr. Dilley and Mr. Stikeleather were not present for this hearing; however,
64 the Clerk read the following letter from Mr. Dilley:
9v
Board of Works Minutes Cont'd.
April 9, 1981 -
Page 2
1 P.O. Box 2125
2 Pittsburgh, PA 15230
3 3/28/81
4
5 Mr. Donald E. Meredith
6 President, Board of Public Works and Safety
7 City Hall
8 Richmond, Indiana 47374
9
10 Dear Mr. Meredith:
11
12 This will acknowledge receipt of a notice alleging that a "nuisance"
13 exists at 1109 Parry St. , Richmond, Ind.
14
15 As I have repeatedly notified your department and everyone else who
16 writes me:
17
18 (a) I have a contract of sale on this property with Charles &
19 Mary Stikeleather. As part of that contract, the Stikeleathers
20 _ are explicitly required to keep the premises free of all debris.
21
22 (b) I have repeatedly brought to the Stikeleathers attention that
23 they must not let debris accumulate.
24
25 (c) Any and all debris (if, indeed, there is any) belongs to the
26 Stikeleathers. Under no circumstances can I remove any of it,
27 since it doesn't belong to me.
28
29 (d) When I write the Stikeleathers (which I have to do to reach
30 them, since they have no phone) , they always tell me that all
31 debris has been removed.
32
33 In light of the above, would you please have the appropriate individual
34 reporting to you do the following :
35
36 1) Personally go to 1009 Parry St. and ascertain if debris is on
37 the property. It is entirely likely that there is none.
38
39 2) If there is debris, would the individual please ask the Stike-
40 leathers in person to remove it promptly. (There is nothing
41 I can do to remove it, since it doesn't belong to me.)
42
43 3) Since the Stikeleathers are purchasing the property, if they
44 don't remove it to your satisfaction, would you please issue
45 the "notice of hearing" to them. If they don't comply, they
46 should be fined. Under no circumstances, of course, may a
47 lien be placed on the property.
48
49 Kindly write me promptly, as soon as the above actions have been
50 taken. I will cooperate 100% with you. Kindly let me know what
51 else, if anything, I can do to help keep the city beautiful.
52
53 Kind personal regards.
54
55 Sincerely,
56 /s/ David R Dilley
57
58 Mr. Anderson stated Mr. Dilley did send a copy of his sales contract for the
59 last scheduled hearing. Mr. Anderson noted this is of no concern to this
60 Board as the Ordinance says it is the owner of record who is causing, if any,
61 the nuisance to exist on this property. Mr. Bronston certified Mr. Dilley
62 as the owner of record. _ Mr. Bronston stated he has not talked with Mr.
63 Stikeleather since this complaint has been filed; however, he has talked with
64 him on a continual basis prior to this complaint being filed. It was noted
g/
Board of Works Minutes Cont'd.
April 9, 1981
Page 3
1 Mr. Stikeleather may be operating a business from this property which would
2 be in violation of the zoning ordinance.
3
4 Mr. Anderson stated the Board should decide (1) if a nuisance does exist
5 (2) if the nuisance does exist, should it be removed and (3) how it should be
6 removed. He noted the pictures taken originally and the ones taken today do show
7 some change; however, it is still of the same general nature.
8
9 Mr. Meredith moved that a nuisance does exist at 1109 Parry Street, that
10 nuisance consisting of tires and car parts and other unsightly items on the pro-
11 perty be caused to be removed and, if not done so by the owner within a ten (10)
12 day period that the City remove the nuisance and a lein placed upon the property,
13 seconded by Mr. Webb and on unanimous voice vote the motion was carried.
14
,15 Mr. Meredith requested the Clerk send a copy of the minutes of the hearing to
16 Mr. Dilley informing him that he is the owner of record and that, under the
17 Ordinance of the City of Richmond, it is proper to place a lein upon the
18 property if the City must take action.
19
20 AGREEMENT BETWEEN M&D REALTY AND THE CITY OF RICHMOND
21
22 Mr. Meredith presented an agreement between M&D Realty and the City for right-
23 of-way at the corner of U. S. 27 and Sim Hodgin Parkway. Mr. Anderson re-
24 viewed the agreement and found it in order. Mr. Meredith requested the record
25 show that permission was granted on March 26, 1981 by the Board of Public Works
26 and Safety and that the agreement has now come before the Board and, being
27 found in order, will be so executed.
28
29 PLAT APPROVAL FOR CARRIAGE HOUSE APARTMENTS - Dan Dooley
30
31 Mr. Dooley stated the Board on June 18, 1980 signed a plat for Carriage House
32 Apartments. The original has been recorded; however, he has been notified by
33 the County Recorder's Office that they are unable to get a good microfilm of
III 34 the original plat. They are requesting the Board sign another copy for them
35 to microfilm. This was approved by the Plan Commission on April 22, 1980.
36 The Board so signed.
37
38 ADJOURNMENT
39
40 There being no further business the meeting was adjourned.
41
42 Donald E. Meredith
43 President
44
45_ ATTEST: JoEllen Trimble
46 Clerk of the Board